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Reasons
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(영문) 서울고등법원 2015.11.05 2014나2037932
부당이득금 등
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1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added at the trial, the defendants are the defendants.

Reasons

1. Basic facts

A. On October 2002, G’s land acquisition G purchased some of the shares in J forest owned by the Defendants in Gyeonggi-do D (hereinafter “K-si E”), and accordingly, around 2003, the registration of ownership transfer was completed with respect to the shares in the instant land in the name of G relating to 9,918/10 of the F forest size 3,502 square meters divided from the said land (hereinafter “instant land”) (hereinafter “instant land”). On September 19, 2003, the registration of ownership transfer was completed with respect to the instant land share in the amount of KRW 45 million with maximum debt amount, KRW G, the debtor, and Defendant C as a mortgagee (hereinafter “registration of ownership establishment”).

B. On December 23, 2006, the Plaintiff entered into a sales contract with the purport to purchase the instant share of land (the object of the sales contract is referred to as “F Forest No. 1000 square meters”) in KRW 140 million (hereinafter “instant sales contract”). The seller’s column of the sales contract includes “G” and “Defendant B” as the seller’s representative, and the special terms and conditions of the instant sales contract are as follows.

Matters of special agreement

1. The seller is responsible for access roads construction works and access roads to the relevant land;

2. Any balance shall be paid at the same time as H is established and terminated;

3.The collateral security at the time of intermediate payment shall be terminated by the seller.

C. 1) The Plaintiff, as a result of the payment of the purchase price under the instant sales contract, transferred KRW 20 million to the account of Defendant B’s wife, and KRW 80 million in the intermediate payment on January 3, 2007, and paid KRW 40 million in the remainder to Defendant C on September 23, 2007. 2) On December 29, 2006, the ownership transfer registration for the instant land portion was completed due to sale under the name of the Plaintiff, and the registration of the establishment of a new ownership was cancelled on January 18, 207 due to the cancellation of the instant registration.

[Ground of Recognition] Unsatisfy, Gap 1, 4 through 6.

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